TOMS RIVER – A night of drinking with friends in Seaside Heights nearly four-years ago allegedly led to the death of an off-duty Ocean Gate police officer. While prosecutors in Ocean County will try to convince jurors in the trial that the actions of Manchester man who got behind the wheel were reckless, his attorney claims the incident was tragic, but not criminal.

Erick Uzcategui, 34, of Manchester, is standing trial on charges of vehicular homicide, driving while intoxicated and possession of a controlled dangerous substance.

On Nov. 25, 2010, Uzcategui caused a crash on the northbound lanes of the Garden State Parkway in Toms River that left off-duty Ocean Gate Police Officer Jason Marles dead, prosecutors said.

During his opening statement, Senior Assistant Ocean County Prosecutor Patrick Sheehan said Uzcategui met several fiends at a Seaside Heights hotel where he drank vodka and diet coke and then went to Bamboo Bar where he met two other friends before leaving in the early morning hours.

Authorities claim Uzcategui rear-ended Marles’ Jeep, causing it to crash into a guardrail and overturn before it caught on fire.

Sheehan said after the crash tests revealed Uzcategui’s blood alcohol level was nearly twice the legal limit – at .155.

“This defendant drank excess, got behind the wheel and caused death of Jason Marles,” Sheehan told the jury. “At the end of this case I submit to you that you will come to no other conclusion that this defendant is guilty as charged.”

Conversely, defense attorney Brian Neary told jurors that there are two sides to the story.

“They had been out in a social gathering, in a bar,” Neary said said. “But not drinking to the extent or to which his ability to drive the car would be impaired as to cause this accident as the prosecutor is required to show.”

Neary said he intends to prove that Uzcategui did not have a reckless state of mind.

“You will acknowledge this is a tragedy but it is not a crime,” Neary told jurors.